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PEOPLE v. ALLEN

No. 3-07-0582.

908 N.E.2d 579 (2009)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Calvin L. ALLEN, Defendant-Appellant.

Appellate Court of Illinois, Third District.

May 18, 2009.

Attorney(s) appearing for the Case

Jay Wiegman, Office of State Appellate Defender, Ottawa, IL, for Appellant.

Terry A. Mertel, Deputy Director, State's Attorneys Appellate Prosecutor, Thomas D. Arado, State's Attorneys Appellate Prosecutor, Ottawa, IL, James Glasgow, State's Attorney, Joliet, IL, for Appellee.

Justice CARTER delivered the opinion of the court:

The defendant, Calvin L. Allen, pled guilty, pursuant to a fully negotiated plea agreement, to two counts of unlawful delivery of a controlled substance (720 ILCS 570/401(d)(i) (West 2004)). The trial court sentenced the defendant to concurrent sentences of six years in prison for the two counts but stayed the mittimus for 30 days at the defendant's request. While the mittimus was stayed, the defendant filed a

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